Boora Narayana v. The Union of India
Case at a glance
- Decided
- 03 Nov 2006
- Bench
- G S SINGHVI
Held
The court held that the petitioners had failed to produce any valid documentary evidence required under the scheme’s guidelines, and therefore were not entitled to the pension.
Outcome
Dismissed
With the above observations, the writ petition is dismissed
Key paragraphs
- Para 1111. I humbly submit that the verification reports/deposition in respect of all the above writ petitioners have been forwarded to the Government of India vide letter No.29996/FF.III/03, dated 18-10-2006 (Warangal District) and Lr.No.42508/FF.II(2)/05, dated 23-10-2006 (Nalgonda District) (Copies enclosed) for taking necessary action.” In the…
Summary
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Facts
Petitioners sought grant of pension under the 1980 Freedom Fighter Scheme, claiming participation in the freedom struggle against the Nizam. They alleged that their applications were not processed by the authorities.
Issues
- Whether the petitioners have produced sufficient documentary evidence to substantiate their claim as freedom fighters under the scheme’s guidelines.
- Whether the respondents are obliged to consider the petitioners’ applications in light of prior orders and committee recommendations.
Holding
The court held that the petitioners had failed to produce any valid documentary evidence required under the scheme’s guidelines, and therefore were not entitled to the pension.
Reasoning
The court relied on the counter‑affidavit and enquiry reports showing that the petitioners had not furnished the necessary documents, and that the committee had recommended rejection of their cases.
Practical significance
Practitioners should ensure that freedom‑fighter pension applicants provide all required documentary proof before filing, as the court will not grant relief in the absence of such evidence.
Judgment
which an application made by a person claiming to be freedom fighter for grant of pension should be disposed of.” In the counter affidavit dated 27-08-2006 filed by Shri V.Veeresham, Deputy Secretary to Government of Andhra Pradesh, Revenue Department, it has been averred that the petitioners have not produced any document to substantiate their claim for being treated as freedom fighters and, therefore, they are not entitled to pension under the 1980 Scheme. This is evident from paragraphs 3 to 11 of the counter affidavit of Shri Veeresham which are reproduced below: “3. The W.P.No.12727/2003 is filed by Sri Boora Narayana and (9) others of Warangal and Nalgonda Districts praying to consider their claims as per the guidelines in W.P.No.1070/98 awarded by Hon. High Court of A.P.
The Collector, Warangal District has issued notices to the writ petitioners (except writ petitioner No.2 i.e., Smt. Pasham Yashodamma W/o Late Sri Raji Reddy as she belongs to Nalgonda District) for submission of valid documentary evidence in support of their claim for sanction of Freedom Fighters Pension and conducted enquiry. The Writ Petitioners except Sri Chinnaboina Narayana (Petitioner No.4) have attended before the enquiry on 27-09-2006.They have deposed that, they have participated in the freedom struggle against the Nizam’s Government and worked underground under the leadership of their camp-in- charges.
In respect of Writ Petitioner No.2 i.e. Smt. Pasham Yashodamma, W/o Late Raji Reddy, the Collector, Nalgonda District has informed that Smt. Pasham Yashodamma W/o Late Raji Reddy has been called for an enquiry by issuing a notice. In response to the notice, Sri Pasham Amarender Reddy, Son of the writ petitioner has attended the enquiry before the Collector, Nalgonda on 03-10-2006 and submitted an application stating that the required documents have not been submitted earlier and the case was not recommended by the HSSC and that the required documents will be submitted within 10 or 12 days.
The Collector, Nalgonda District has further reported that neither writ petitioner Smt. Pasham Yashodamma nor her son Pasham Amarender Reddy have filed required documents till today i.e. 23-10-2006, even after expiry of the time limit taken by the petitioner’s son.
The verification reports in respect of: 1) Chinnaboina Narayana S/o Komaraiah. 2) Thirunagiri Govardhan S/o Kistaiah; and, 3) Thuruka Kotaiah (Thamutuka) S/o Veeramallu received the Collector, Warangal District have been examined and India recommending for rejection as they have not furnished to Government of forwarded any documentary proof of evidence as required under the guidelines issued by Government of India under Central Scheme.
The following six (6) writ petitioners have deposed during the enquiry that they have submitted applications directly to Government of India for sanction of FF Pension under Central Scheme:- 1) Boora Narayana S/o Ramaiah 2) Gaddam Mallaiah S/o Veeraiah 3) Jangarla Pochaiah S/o Rajamallu 4) Chataraju Ramchandraiah S/o Rajaiah 5) Vem Narsaiah S/o Kommaiah 6) Mangishetti Ilaiah S/o Rajaiah
They have not produced any valid documentary evidence as required as per the guidelines issued by the Government of India under SSSPS, 1980.
The matter has been considered by the Committee constituted in G.O.Rt.No.1680, Revenue (FF.I) Department, dated 02-08-2006; and, after deliberations, it has been decided to forward to the Government of India the cases of Sri Boora Narayana and (9) others in W.P.No.12727/03 of Warangal District/Nalgonda District recommending rejection for grant of Freedom Fighter Pension under Central Scheme on the ground that the cases of writ petitioners were not recommended by the erstwhile HSSC; as well as, the writ petitioners have not produced valid documentary evidence such as court orders/jail certificates in support of their claims which are required under the guidelines issued by the Government of India under SSSPS, 1980.
Operative part
I humbly submit that the verification reports/deposition in respect of all the above writ petitioners have been forwarded to the Government of India vide letter No.29996/FF.III/03, dated 18-10-2006 (Warangal District) and Lr.No.42508/FF.II(2)/05, dated 23-10-2006 (Nalgonda District) (Copies enclosed) for taking necessary action.” In the context of the aforementioned averments contained in the counter-affidavit filed on behalf of respondent No.2, I enquired from the learned counsel appearing for the petitioners, Smt. Hymavathi, whether her clients are desirous of filing any document to substantiate their claim to be treated as freedom fighters. To this, the learned counsel replied in negative by saying that they do not have such documents. Since the petitioners have not produced any material to substantiate their claim that they fall within the definition of ‘freedom fighter’, their prayer for issue of a mandamus to the respondents to sanction pension under the 1980 Scheme cannot be entertained. With the above observations, the writ petition is dismissed. 03-11-2006 G.S.SINGHVI, CJ
Questions this judgment answers
What did the Court decide in this case?
The court held that the petitioners had failed to produce any valid documentary evidence required under the scheme’s guidelines, and therefore were not entitled to the pension.
What was the main issue before the Court?
Whether the petitioners have produced sufficient documentary evidence to substantiate their claim as freedom fighters under the scheme’s guidelines.
Which court decided this case, and when?
Andhra Pradesh High Court, on 03 Nov 2006. The bench was G S SINGHVI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.